STRUCTURAL DECISIONS AS AN INSTRUMENT FOR THE ENFORCEMENT OF THE FUNDAMENTAL RIGHT TO HEALTH IN BRAZIL

Abstract

This article examines structural decisions as an instrument for the enforcement of the fundamental right to health in Brazil, in light of the failures in public policies and the growth of judicial demands in this area. The objective is to discuss how these decisions can contribute to guaranteeing this right, especially in situations where the State incurs in omission or insufficient action. The study was developed through an exploratory-descriptive bibliographic review, with analysis of doctrinal works, scientific articles and jurisprudential precedents, selected due to their thematic relevance and impact on the construction of structural litigation in Brazil, with emphasis on the most recent developments on the subject. It is concluded that structural decisions represent a relevant alternative for addressing systemic problems in the health area, requiring, however, caution, institutional dialogue and greater normative development in the Brazilian legal system.